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A4872
ASSEMBLY, No. 4872
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 4, 2026
Sponsored by:
Assemblyman� PAUL KANITRA
District 10 (Monmouth and Ocean)
SYNOPSIS
���� �End the Toll Trap Act�; concerns toll violations and
related administrative fees; establishes �New York and New Jersey Toll and Fee
Reduction Task Force.�
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning repeat toll violations and amending and
supplementing P.L.1997, c.59.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� This act shall be known
and may be cited as the �End the Toll Trap Act.�
���� 2.��� The Legislature finds
and declares that:�
���� a.���� Between July 2020 and
July 2025, motorists incurred more than seven million toll violations in the
State of New Jersey;
���� b.��� During this same period,
the median violator received only two violation notices, and the average
violator received less than four violation notices, demonstrating that most
impacted motorists are not chronic offenders but ordinary motorists;
���� c.���� Administrative fees
associated with toll violations commonly exceed $50 per violation, causing
disproportionate financial burdens on motorists who are not chronic offenders;
���� d.��� Many violations occur
through no fault of the driver, including instances in which an electronic
transponder malfunctions or fails to register properly;
���� e.���� Serial toll violators
should continue to be penalized to the fullest extent permitted by law;
���� f.���� It is the public policy
of this State to ensure that the cost burden of toll enforcement falls
primarily on willful or repeat violators, and not on motorists who
inadvertently incur violations despite making good-faith efforts to comply; and
���� g.��� Therefore, the purpose
of this act is to structure penalties and administrative assessments in a
manner that places responsibility on intentional toll violators while reducing
excessive or unfair burdens on inadvertent toll violators.
���� 3.��� Section 8 of P.L.1997,
c.59 (C.27:23-34.3) is amended to read as follows:�
���� 8.��� a.� If a violation of
the toll collection monitoring system regulations is committed
,
as
evidenced by a toll collection monitoring system, the authority or the agent of
the authority may send an advisory and payment request within 60 days of the
date of the violation to the owner of the vehicle by regular mail at the
address of record for that owner with the New Jersey Motor Vehicle Commission
or with any other motor vehicle licensing authority of another jurisdiction,
providing the owner with the opportunity to resolve the matter prior to the
issuance of a summons and complaint that charges a violation of the toll
collection monitoring system regulations.� The advisory and payment request
shall contain sufficient information to inform the owner of the nature, date,
time
,
and location of the alleged violation.� The authority or its agent
may require
,
as part of the advisory and payment request
,
that
the owner pay to the agent the proper toll and
, if the owner has committed
three or more toll violations within the last 60 days of a 90 day period,
a
reasonable administrative fee established by the authority and based upon the
actual cost of processing and collecting
[
the
violation
]
all toll violations in the prior calendar year divided by the number of
motorists who committed three or more toll violations within the last 60 days
of a 90 day period in the prior calendar year
.� If the owner fails to pay
the required toll and fee
, if applicable,
within 30 days of the date the
advisory and payment request was sent, the owner shall be subject to liability
on the 31st day following the date the advisory and payment request was sent
for the violation of the toll collection monitoring system regulations by the
vehicle operator pursuant to the issuance of a complaint and summons.
���� b.��� An owner of a vehicle
who is a lessor of the vehicle used in violation of the toll collection
monitoring system regulations of the authority shall not be liable for the
violation of the regulations if the lessor submits to the authority, in a
timely manner, a copy of the rental agreement, lease
,
or other contract
document covering that vehicle on the date of the violation, with the name and
address of the lessee clearly legible to the authority and to the court having
jurisdiction over the violation.� If the lessor fails to provide the information
in a timely manner, the lessor shall be held liable for the violation of the
regulations.� If the lessor provides the required information to the authority,
the lessee of the vehicle on the date of the violation shall be deemed to be
the owner of the vehicle for the purposes of sections 6 through 10 of P.L.1997,
c.59 (C.27:23-34.1 through C.27:23-34.5) and the toll collection monitoring
system regulations and shall be subject to liability for the violation of the
regulations.
���� c.���� Except as otherwise
provided in this subsection, a certified report of an employee or agent of the
authority reporting a violation of the toll collection monitoring system
regulations and any information obtained from a toll collection monitoring
system shall be available for the exclusive use of the authority and any law
enforcement official for the purposes of discharging their duties pursuant to
sections 6 through 10 of P.L.1997, c.59 (C.27:23-34.1 through C.27:23-34.5) and
the toll collection monitoring system regulations.� Any such report or
information shall not be deemed a public record under P.L.1963, c.73 (C.47:1A-1
et seq.) or the common law concerning access to public records.� The certified
reports and information, including
,
but not limited to, any recorded
image of any motor vehicle, the license plate of any motor vehicle
,
or
the operator or any passenger in any motor vehicle, shall not be discoverable
as a public record by any person, entity or governmental agency, except upon a
subpoena issued by a grand jury or a court order in a criminal matter, nor
shall they be offered in evidence in any civil or administrative proceeding,
not directly related to a violation of the toll collection monitoring system
regulations, or in any municipal court prosecution for a violation of any of
the provisions of Title 39 of the Revised Statutes.� However, in the event
that, notwithstanding the provisions of subsection c. of section 7 of
[
this act
]
P.L.1997,
c.59 (C.27:23-34.2)
, a recorded image of the face of the operator or any
passenger in a motor vehicle is produced by the toll collection monitoring
system, that image shall not be used by the authority for any purpose nor shall
the image or any record or copy thereof be transmitted or communicated to any
person, governmental, non-governmental, or judicial or administrative entity.
���� d.��� A complaint and summons
charging a violation of the toll collection monitoring system regulations shall
be on a form prescribed by the Administrative Director of the Courts pursuant
to the Rules Governing the Courts of the State of New Jersey.� The authority
may authorize
,
by regulation
,
an employee or agent to be a
complaining witness to make, sign, and initiate complaints and to issue
summonses in the name of the authority on behalf of the State of New Jersey,
pursuant to the Rules Governing the Courts of the State of New Jersey.� The
complaints and summonses may be made on information based upon evidence
obtained by a toll collection monitoring system, the toll collection monitoring
system record and the records of the New Jersey Motor Vehicle Commission or of
any other state, province, or motor vehicle licensing authority.
���� Service may be made by means
provided by the Rules Governing the Courts of the State of New Jersey.
���� Except as provided in
subsection c. of this section, the recorded images produced by a toll
collection monitoring system shall be considered an official record kept in the
ordinary course of business and shall be admissible in a proceeding for a
violation of any toll collection monitoring system regulations.
���� e.���� The municipal court of
the municipality wherein a toll collection monitoring system record was made
shall have jurisdiction to hear violations of the toll collection monitoring
system regulations.� Violations shall be enforced and penalties collected pursuant
to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10
et seq.).� A proceeding and a judgment arising therefrom shall be pursued and
entered in accordance with the provisions of N.J.S.2B:12-1 et seq. and the
Rules Governing the Courts of the State of New Jersey.
���� In addition to the civil
penalty that may be assessed by a court having jurisdiction for a violation of
the toll collection monitoring system regulations, a court shall require the
defendant to pay the proper toll and shall require the defendant to pay a
reasonable administrative fee
,
as determined by the authority.�
Following collection and distribution of the fees set forth in section 11 of
P.L.1953, c.22 (C.22A:3-4), any tolls and administrative fees imposed and
collected by the court for a violation of the toll collection monitoring system
regulations shall be promptly remitted to the authority by the court.� The
civil penalty shall be distributed pursuant to the "Penalty Enforcement
Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(cf:� P.L.2005, c.62, s.1)
���� 4.��� (New section)� a.�
Beginning one year after the effective date of P.L. , c.
(C. ) (pending before the
Legislature as this bill), the New Jersey Turnpike Authority shall submit an
annual report to the Governor, and to the Legislature pursuant to section 2 of
P.L.1991, c.164 (C.52:14-19.1).� The report shall include, at a minimum:�
���� (1)�� the number of violations
of the toll collection monitoring system regulations that occurred in the past
year;
���� (2)�� the frequency of toll
violations per individual;
���� (3)�� total revenue collected
in the past year from repeat violators pursuant to subsection a. of section 7
of P.L.1999, c.59 (C.27:23-34.2) and subsection a. of section 8 of P.L.1997,
c.59 (C.27:23-34.3);
���� (4)�� a year-to-year
comparison of the number of toll violations and frequency of toll violations
per individual for the past five years;
���� (5)�� an explanation of the
administrative costs of processing a toll and a toll violation;
���� (6)�� the administrative fee
assessed pursuant to subsection a. of section 8 of P.L.1997, c.59
(C.27:23-34.3); and
���� (7)�� the number of motorists
who were not assessed a notice of violation or administrative fee under section
3 of P.L.2023, c.7 (C.27:23-34.8).
���� b.��� The information included
in the report required by subsection a. of this section shall be categorized by
class of vehicle, including, but not limited to, commercial motor vehicles and
trailers.
���� 5.��� Section 13 of P.L.1997,
c.59 (C.27:25A-21.3) is amended to read as follows:�
���� 13.� a.� If a violation of the
toll collection monitoring system regulations is committed
,
as evidenced
by a toll collection monitoring system, the authority or the agent of the
authority may send an advisory and payment request within 60 days of the date
of the violation to the owner of the vehicle by regular mail at the address of
record for that owner with the New Jersey Motor Vehicle Commission or with any
other motor vehicle licensing authority of another jurisdiction, providing the
owner with the opportunity to resolve the matter prior to the issuance of a
summons and complaint that charges a violation of the toll collection
monitoring system regulations.� The advisory and payment request shall contain
sufficient information to inform the owner of the nature, date, time
,
and location of the alleged violation.� The authority or its agent may require
as part of the advisory and payment request that the owner pay to the agent the
proper toll and
, if the owner has three or more toll violations within the
last 60 days of a 90 day period,
a reasonable administrative fee
established by the authority and based upon the actual cost of processing and
collecting
[
the
violation
]
all toll violations in the prior calendar year divided by the number of
motorists who committed three or more toll violations within the last 60 days
of a 90 day period in the prior calendar year
.� If the owner fails to pay
the required toll and fee
, if applicable,
within 30 days of the date the
advisory and payment request was sent, the owner shall be subject to liability
on the 31st day following the date the advisory and payment request was sent
for the violation of the toll collection monitoring system regulations by the
vehicle operator pursuant to the issuance of a complaint and summons.
���� b.��� An owner of a vehicle
who is a lessor of the vehicle used in violation of the toll collection
monitoring system regulations of the authority shall not be liable for the
violation of the regulations if the lessor submits to the authority, in a
timely manner, a copy of the rental agreement, lease
,
or other contract
document covering that vehicle on the date of the violation, with the name and
address of the lessee clearly legible to the authority and to the court having
jurisdiction over the violation.� If the lessor fails to provide the information
in a timely manner, the lessor shall be held liable for the violation of the
regulations.� If the lessor provides the required information to the authority,
the lessee of the vehicle on the date of the violation shall be deemed to be
the owner of the vehicle for the purposes of sections 11 through 15 of
P.L.1997, c.59 (C.27:25A-21.1 through C.27:25A-21.5) and the toll collection
monitoring system regulations and shall be subject to liability for the
violation of the regulations.
���� c.���� Except as otherwise
provided in this subsection, a certified report of an employee or agent of the
authority reporting a violation of the toll collection monitoring system
regulations and any information obtained from a toll collection monitoring
system shall be available for the exclusive use of the authority and any law
enforcement official for the purposes of discharging their duties pursuant to
sections 11 through 15 of P.L.1997, c.59 (C.27:25A-21.1 through C.27:25A-21.5)
and the toll collection monitoring system regulations.� Any such report or
information shall not be deemed a public record under P.L.1963, c.73 (C.47:1A-1
et seq.) or the common law concerning access to public records.� The certified
reports and information, including
,
but not limited to, any recorded
image of any motor vehicle, the license plate of any motor vehicle
,
or
the operator or passenger of any motor vehicle, shall not be discoverable as a
public record by any person, entity
,
or governmental agency, except upon
a subpoena issued by a grand jury or a court order in a criminal matter, nor
shall they be offered in evidence in any civil or administrative proceeding,
not directly related to a violation of the toll collection monitoring system
regulations, or in any municipal court prosecution for a violation of any of
the provisions of Title 39 of the Revised Statutes.� However, in the event
that, notwithstanding the provisions of subsection c. of section 12 of
[
this act
]
P.L.1997,
c.59 (C.27:25A-21.2)
, a recorded image of the face of the operator or any
passenger in a motor vehicle is produced by the toll collection monitoring
system, that image shall not be used by the authority for any purpose nor shall
the image or any record or copy thereof be transmitted or communicated to any person,
governmental, non-governmental
,
or judicial or administrative entity.
���� d.��� A complaint and summons
charging a violation of the toll collection monitoring system regulations shall
be on a form prescribed by the Administrative Director of the Courts pursuant
to the Rules Governing the Courts of the State of New Jersey.� The authority
may authorize
,
by regulation
,
an employee or agent to be a
complaining witness to make, sign, and initiate complaints and to issue
summonses in the name of the authority on behalf of the State of New Jersey,
pursuant to the Rules Governing the Courts of the State of New Jersey.� The
complaints and summonses may be made on information based upon evidence
obtained by a toll collection monitoring system, the toll collection monitoring
system record
,
and the records of the New Jersey Motor Vehicle
Commission or of any other state, province, or motor vehicle licensing
authority.
���� Service may be made by means
provided by the Rules Governing the Courts of the State of New Jersey.
���� Except as provided in
subsection c. of this section, the recorded images produced by a toll
collection monitoring system shall be considered an official record kept in the
ordinary course of business and shall be admissible in a proceeding for a
violation of any toll collection monitoring system regulations.
���� e.���� The municipal court of
the municipality wherein a toll collection monitoring system record was made
shall have jurisdiction to hear violations of the toll collection monitoring
system regulations.� Violations shall be enforced and penalties collected pursuant
to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10
et seq.).� A proceeding and a judgment arising therefrom shall be pursued and
entered in accordance with the provisions of N.J.S.2B:12-1 et seq. and the
Rules Governing the Courts of the State of New Jersey.
���� In addition to the civil
penalty that may be assessed by a court having jurisdiction for a violation of
the toll collection monitoring system regulations, a court shall require the
defendant to pay the proper toll and shall require the defendant to pay a
reasonable administrative fee as established by the authority.� Following
collection and distribution of the fees set forth in section 11 of P.L.1953,
c.22 (C.22A:3-4), any tolls and administrative fees imposed and collected by
the court for a violation of the toll collection monitoring system regulations
shall be promptly remitted to the authority by the court.� The civil penalty
shall be distributed pursuant to the "Penalty Enforcement Law of
1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(cf:� P.L.2005, c.62, s.2)
���� 6.��� (New section)� a.�
Beginning one year after the effective date of P.L. , c.
(C. ) (pending before the
Legislature as this bill), the South Jersey Transportation Authority shall
submit an annual report to the Governor, and to the Legislature pursuant to
section 2 of P.L.1991, c.164 (C.52:14-19.1).� The report shall include, at a
minimum:�
���� (1)�� the number of violations
of the toll collection monitoring system regulations that occurred in the past
year;
���� (2)�� the frequency of toll
violations per individual;
���� (3)�� total revenue collected
in the past year from repeat violators pursuant to subsection a. of section 12
of P.L.1999, c.59 (C.27:25A-21.2) and subsection a. of section 13 of P.L.1997,
c.59 (C.27:25A-21.3);
���� (4)�� a year-to-year
comparison of the number of toll violations and frequency of toll violations
per individual for the past five years;
���� (5)�� an explanation of the
administrative costs of processing a toll and a toll violation;
���� (6)�� the administrative fee
assessed pursuant to subsection a. of section 13 of P.L.1997, c.59
(C.27:25A-21.3); and
���� (7)�� the number of motorists
who were not assessed a notice of violation or administrative fee under section
4 of P.L.2023, c.7 (C.27:25A-21.8).
���� b.��� The information included
in the report required by subsection a. of this section shall be categorized by
class of vehicle, including, but not limited to, commercial motor vehicles and
trailers.
���� 7.��� a.� There is established
a task force to be known as the �New York and New Jersey Toll and Fee Reduction
Task Force� to examine and evaluate the efficacy of current payment processing
procedures and systems, and to provide recommendations to increase efficacy and
reduce tolls and administrative fees.
���� b.��� (1)� The task force
shall be comprised of 12 members, six of whom shall be appointed by the State
of New York and six of whom shall be appointed by the State of New Jersey.� Of
the members appointed by the State of New Jersey:�
���� (a)�� two shall be appointed
by the Governor;
���� (b)�� one shall be appointed
by the President of the Senate;
���� (c)�� one shall be appointed
by the Senate Minority Leader;
���� (d)�� one shall be appointed
by the Speaker of the General Assembly; and
���� (e)�� one shall be appointed
by the General Assembly Minority Leader.
���� (2)�� Individuals appointed to
the task force shall possess expertise in one or more of the following fields:�
transportation, tolling operation and enforcement, traffic engineering,
procurement processes, information technology systems, public finance, and data
analysis.
���� (3)�� The task force shall be
co-chaired by one member appointed by each State, elected by the members
appointed by each respective State.
���� (4)�� The task force shall
meet no more than six months after the appointment of all members pursuant to
paragraph (1) of this subsection, at which meeting the co-chairs shall be
elected, and shall meet once each month thereafter.� Three members appointed by
each State shall be sufficient to establish a quorum.� A simple majority of
those members voting on a question shall be sufficient for the conducting of
business, except that the final report required by subsection e. of this
section shall be approved for release by no fewer than seven votes in the
affirmative.
���� (5)�� Members of the task
force shall receive no compensation for their services but shall be reimbursed
for their actual expenses incurred in the performance of their duties in the
work of the task force by the State of their appointment.
���� c.���� The task force shall:�
���� (1)�� identify inefficiencies
in the tolling process and methods for reduction in costs;
���� (2)�� consider any amnesty
programs implemented in New York or New Jersey, and if any programs shall be
abolished, altered, or expanded;
���� (3)�� identify the impact of
congestion pricing on motorists; and
���� (4)�� research and recommend
methods for shifting the cost burden of toll violations away from occasional or
inadvertent violators and onto intentional, repeat violators.
���� d.��� (1)� The task force may
establish advisory committees as it deems appropriate on matters relating to
the task force's functions, powers, and duties.� Such committees shall be
chaired by a task force member, but may be composed of task force members as well
as other individuals selected by the task force to provide expertise of
interest specific to the charge of such committees.
���� (2)�� The task force may
request that studies, surveys, or analyses relating to the task force's powers
and duties be performed by any State department, commission, agency, or public
authority, or by any department, commission, agency, or public authority within
the State of New York, to the extent permitted by New York state law.� All
State departments, commissions, agencies, or public authorities shall provide
information and advice in a timely manner and otherwise assist the task force
with its work; provided, however, any information obtained pursuant to this
paragraph shall be kept confidential and shall only be used by members of the
task force in the course of their tasks and duties as a task force member.
���� e.���� The task force shall,
no later than two years after the date of its first meeting, provide a final
report to the Governor, the legislature, pursuant to section 2 of P.L.1991,
c.164 (C.52:14-19.1), and the governor and legislature of the State of New York,
of its findings, conclusions, and recommendations, including but not limited to
any legislative proposals deemed necessary by the task force to implement the
recommendations.
���� 8.��� Sections 1 through 6 of
this act shall take effect 120 days after the date of enactment.� The New
Jersey Turnpike Authority and the South Jersey Transportation Authority shall
take such anticipatory action as may be necessary for the timely implementation
of this act.� Section 7 of this act shall take effect upon the passage of
substantially similar legislation by the State of New York unless the State of
New York has enacted such legislation prior to the date of enactment of this
act, in which case section 7 of this act shall take effect immediately.�
Section 7 of this act shall expire upon the submission by the �New York and New
Jersey Toll and Fee Reduction Task Force� of its final report as described in
section 7 of this act.
STATEMENT
���� This bill provides that the
New Jersey Turnpike Authority (NJTA) and South Jersey Transportation Authority
(SJTA) may only assess an administrative fee to a toll violator if the violator
has committed three or more toll violations within the last 60 days of a 90 day
period.� Additionally, the NJTA and SJTA are to base administrative fees on the
actual cost of processing and collecting all toll violations in the prior
calendar year divided by the number of motorists who committed three or more
toll violations within the last 60 days of a 90 day period in the prior
calendar year.� The bill also requires the NJTA and SJTA to each submit an
annual report to the Governor and Legislature concerning certain toll violation
data, as outlined in the bill.
���� Additionally, the bill
establishes a �New York and New Jersey Toll and Fee Reduction Task Force� to
examine and evaluate the efficacy of current payment processing procedures and
systems, and to provide recommendations to increase efficacy and reduce both
tolls and administrative fees.
���� It is the sponsor�s intent to
shift the cost burden of toll enforcement onto willful and repeat toll
violators, rather than motorists who inadvertently incur violations despite
making good-faith efforts to comply.